question archive In general, parties may challenge agency actions in court only when these actions are "final
In general, parties may challenge agency actions in court only when these actions are "final
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In general, parties may challenge agency actions in court only when these actions are "final." The final agency action requirement (FAAR) has spawned considerable litigation at both the state level and the federal level.
What makes an agency's action "final"? That is, what are the principal elements of the FAAR as developed by the courts?
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In order for an agency action to be determined final the action "must mark the consummation of the agency's decision making process," and not be "of a merely tentative or interlocutory nature." Second, "the action must be one by which rights or obligations have been determined, or from which legal consequences will flow" (cleaned up)
